Sexual Conviction Record Check Scheme in the pipeline

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With the growing concern of the public about sexual abuse of children and mentally incapacitated persons (MIPs), there are increasing calls for better protection for the victims.

After public consultation in 2008, the Law Reform Commission (LRC) released a report on "Sexual Offences Records Checks for Child-Related Work: Interim Proposals". To minimise the risks of sexual abuse of children and MIPs, LRC has recommended that an administrative scheme, the Sexual Conviction Record Check Scheme (SCRC Scheme), be implemented as an interim measure.

With Security Bureau taking the lead, the Identification Bureau of the Force will implement the SCRC Scheme on December 1 this year. The scheme will provide employers with a reliable channel to ascertain whether applicants applying for work related to children or MIPs have any sexual conviction records. Thus, the scheme serves to help employers assess the suitability of applicants for work related to children or MIPs and afford better protection from sexual abuse to them.

At the present stage, the scheme is only applicable to prospective employees seeking child or MIP-related work in an organisation or enterprise. Prospective employees should submit their applications by themselves. Whatever the services provided to an organisation or enterprise under a contract of employment, apprenticeship or on a self-employed basis, and once the usual duties of the relevant work conform with one of the following criteria, the employee is eligible for applying for check:

-     providing services mainly for children or MIPs;

-     working on premises that provide services for children or MIPs; or

-     involving frequent or regular contact, in particular an unmonitored contact, with children or MIPs.

The design of the SCRC Scheme is guided by simple application and checking procedures for the benefit of employers and employees. Applicants, i.e. the prospective employees, should make an advance appointment through the Auto-Telephone Answering System (ATAS) at 3660-7499 no less than one working day in advance of the intended appointment and attend in person with the following documents at the SCRC Office located on 14/F., Arsenal House, Police Headquarters:

-     Hong Kong Identity card (HKID);

-     documentary proof provided by employer;

-     completed application form; and

-     $115 application fee.

Upon acceptance of the application, the applicant will be issued a 14-digit random computer-generated checking code. The checking code will be valid for 12 months dated from the first uploading of result onto the ATAS. If the applicant has "no" sexual conviction record in respect of the specified list of sexual offences, the check result will be accessed through the ATAS within seven working days after the application. Applicants or authorised employers may access the check result by inputting the first four digits of the HKID card number of the applicant and the checking code. The ATAS will only disclose whether the applicant "has" or "does not have" sexual conviction record. Details of any other conviction record will not be disclosed.

To ensure the scheme is accurate and reliable, after uploading of the check result onto the ATAS and throughout the validity period, the applicant's check result will be updated on a daily basis to see whether the applicant has been arrested or charged with any of the specified list of sexual offences or is a wanted person. Moreover, an applicant may submit a request for renewal of the validity period for another 12 months within the last month of the period. The fee for the renewal is $76.

For enquiries about the scheme, call the Police hotline 3660-7497, or visit the Police website http://www.police.gov.hk/scrc.


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